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KALYAN RAI SURANA
Nyodek Yonggam, S/O Late Rinyo Yonggam – Appellant
Versus
State Of A. P. Represented By the Chief Secretary – Respondent
JUDGMENT :
Kalyan Rai Surana, J.
Heard Mr. Tony Pertin, learned counsel for the petitioner. Also heard Mr. K. Ete, learned Advocate General I/c., for the State, assisted by Ms. K. Wangmo, learned Government Advocate appearing for the State respondents.
2. The petitioner was appointed as the State Chief Information Commissioner of the State of Arunachal Pradesh on 13.10.2006, and he had retired from the said post on 28.02.2011. The learned counsel for the petitioner has referred to the provisions of section 16(5) of the Right to Information Act, 2005 (RTI Act for short) and has submitted that the petitioner was entitled to salary and allowances at par with the Chief Election Commissioner of India. In this regard, it was submitted that section 8 of the Election Commission (Condition of Service of Election Commissions and Transaction of Business) Act, 1991 (1991 Act for short), provides for “other conditions of service”, and that the petitioner was entitled to all such benefit, which was enjoyable to the Election Commission. It was submitted that section 8 of 1991 Act had contained r
RTI Act is a powerful weapon in the hands of ordinary citizen.
The judgment establishes the principle of 'occupied field' in the context of pension entitlement, emphasizing that existing rules govern entitlement and that the State Government's policy decisions a....
The court established that 'other terms and conditions of service' includes pensionary benefits, affirming the petitioner's entitlement under the relevant statutes.
Pension eligibility under the RTI Act requires prior pensionable service; State Information Commissioners are not entitled to superannuation pension as per the Act's provisions.
The court emphasized that the grant of pensionary benefits and the framing of rules for post-retiral benefits are matters of policy and legislative acts, and the existence of similar rules in other s....
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